State intervention

Dominance

The European Court of Justice upholds the General Court’s ruling that only undertakings which fall within the definition of an interested party could challenge the grant of the new aid scheme (Solar Ileias Bompaina)
Ashurst (Brussels)
On 7 April 2022, the ECJ upheld the General Court’s ruling that Renewable Electricity Producer, Solar Ileias Bompaina, did not qualify as an ’interested party’ in its challenge against the new aid scheme introduced by Greece. Key takeaways An ’interested party’ within the meaning of Article 1(h) of (...)

The OECD holds a roundtable on the role of competition policy in promoting economic recovery Free
OECD - Competition Division (Paris)
As the COVID-19 crisis develops and moves through different stages including soon towards economic recovery, governments, policymakers and regulators, including competition authorities, face different challenges in order to support a swift and robust recovery. In a world hard hit by a pandemic (...)

The Russian Competition Authority reports on its study in the banking services market and proposes to develop a concept of state participation in the financial services market
Russian Federal Antimonopoly Service (Moscow)
The Share of State Participation in the Financial Market Should Be Reduced* The FAS Russia proposes to develop a Concept of state participation in the financial services market Conclusion of the FAS is contained in the Report on state of competition in the Russian Federation in 2019. The FAS (...)

The EU Court of Justice holds that a Member State may be found to have infringed Art. 106(1) TFEU if its measures create a situation in which a public undertaking or an undertaking on which it has conferred special or exclusive rights is led to abuse its dominant position (Greek Lignite case)
European Commission - DG COMP (Brussels)
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King’s College (London)
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. ECJ held that the legal standard established by the General Court was incorrect, as the Commission was not required to identify or establish that an actual (...)

The EU Court of Justice clarifies the threshold of competitive distortion required in the application of Articles 102 and 106(1) TFEU to State measures concerned with public undertakings or undertakings with special or exclusive rights (Greek Lignite case)
University of Bristol - Law School
CJEU fuels joint application of Arts 102 & 106(1) TFEU to suppress unequal conditions of competition (C-553/12P)* In its Judgment in Commission v DEI, C-553/12 P, EU:C:2014:2083, the CJEU has (further) clarified the threshold of competitive distortion required in the application of Arts (...)

The EU Court of Justice attempts to clarify its case law on whether actual abuse by the public undertaking must be shown in Article 106 TFEU cases (Greek Lignite case)
University of Groningen
The Appeal in Greek Lignite: Clarification of the Law or Jumpstarting Article 106 TFEU?* Introduction In October 2012 I wrote an entry about the General Court judgment that annulled the Commission decision in the Greek Lignite-saga, concerning the Greek state-owned electricity company DEI (...)

A French Court of Appeal dismisses claims that a compulsory affiliation scheme for supplementary reimbursement of healthcare costs infringes Article 102 and 106 TFEU (Hurstel-Koenig)
Baker Botts (Brussels)
In three identically worded judgments dated 28 June 2013, the Court of appeal of Colmar (hereinafter the ‘Court of appeal’) dismissed claims that a compulsory affiliation scheme for supplementary reimbursement of healthcare costs amounts to a State measure contrary to Article 102 TFEU read in (...)

The EU General Court annuls the Commission decision for failing to substantiate the existence of an abuse of dominance on the market for cheap electricity (DEI)
University of Groningen
A Burning Desire to Clarify(?) the Law for Public Undertakings: The Judgment in Greek Lignite (Case T-169/08)* The General Court has finally handed down the judgment in the Greek Lignite (brown coal) case. This is a long-running case resulting from a complaint (dating from 2003) concerning the (...)

The Moldovan Competition Authority identifies anticompetitive actions of the public authorities in the international passenger transport market (AutoInterBus-Tur / Ministry of Transports and Road Infrastructure / Moldtrans-Tur / Eurolines Moldova)
University of Macau - Faculty of Law (Macau)
On 4 November 2011 the Moldovan Competition Authority (ANPC) held that the actions of the Ministry of Transports and Road Infrastructure (MTID) led to restriction of competition on the market for international passenger transport. The ANPC’s investigation commenced on 29 July 2010 following the (...)

The Hellenic Competition Authority finds abusive the behaviour of a trade union benefiting of special and exclusive rights (Association of Merchants of the Central Vegetable Market of Athens and Thessaloniki / Union of Loaders, Unloaders and Carriers of Fresh Products of the Central Vegetable Market of Athens and Thessaloniki)
TM Law Offices (San Diego)
The case concerned a complaint filed in the Hellenic Competition Commission (hereinafter HCC) by the Association of Merchants of the Central Vegetable Market of Athens and the Association of Merchants of the Central Vegetable Market of Thessaloniki, alleging that the Union of Loaders, Unloaders (...)

The French Supreme Court questions allocation of costs in a predatory pricing case (Vedettes inter-îles vendéennes)
Lenoir Avocats (Paris)
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Eversheds Sutherland (Paris)
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Johnson & Johnson (Issy-les-Moulineaux)
1. Facts and ruling The Régie départementale des passages d’eau de la Vendée (RDPEV) is the provider of a public service : it operates year-round in any weather daily ferry services for passengers, cargo and vehicles between the mainland and l’île d’Yeu. For this purpose, RDPEV uses three vessels : (...)

The German Federal Court of Justice rules that a public undertaking offering public domain for rent must hold tender proceedings in order to comply with both freedom of competition and public welfare ("Zulassungsstelle / Schilderpräger")
McDermott Will & Emery (Dusseldorf)
Background In Germany, the owner of a new or used automobile is obliged to register the vehicle with the registration office (“Zulassungsstelle”), which is part of the local public administration. Once a vehicle is registered, the owner is entitled to attach license plates to the vehicle. Since (...)

The Latvian Competition Authority rules that Riga’s International Airport has infringed Art. 82 EC by imposing different tax discounts on air navigation services (Riga Airport)
Brown Brothers Harriman (BBH) (Luxembourg)
On 22 November 2006, the Latvian Competition Council (hereinafter “the Council”) ruled that Riga International Airport (hereinafter “the Airport”) infringed article 82 of the EC Treaty (hereinafter “ECT”) by applying the regulation n° 3 (hereinafter “the regulation”) adopted on 23 July 2004 by the (...)

The UK Competition Appeal Tribunal dismisses an appeal against an OFCOM decision which found that a telecom operator had not infringed Article 82 EC nor a Chapter II prohibition of the Competition Act by disconnecting access to SIM cards (Vodafone / Floe Telecom)
Hogan Lovells (London)
Background On 31 August 2006, the Competition Appeal Tribunal (the “Tribunal”) dismissed an appeal by Floe Telecom Limited (in administration) (“Floe”) against a decision of the Office of Communications (“OFCOM”) dated 28 June 2005 that Vodafone Limited (“Vodafone”) had not infringed section 18 (the (...)

The Paris Court of Appeal confirms absence of predatory pricing on the basis of the EU Court of Justice case law (VIIV / Régie départementale des passages d’eau de la Vendée)
Freshfields Bruckhaus Deringer (Paris)
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Johnson & Johnson (Issy-les-Moulineaux)
The “Régie départementale des passages d’eau de la Vendée” (“RDPEV”) is entrusted with the operation of a public service : it operates regular ferry services (both for passengers and for cargo and vehicles) between the mainland and l’Île d’Yeu (an island off the Atlantic coast of France) all year round. (...)

The Danish Competition Authority launches an inquiry on possible anti-competitive effects of the exclusive right conferred for port harbour services (Copenhagen Malmö Port’s)
Arnold & Porter Kaye Scholer (Brussels)
Against the backdrop of a string of analyses of the abovementioned Act, the Danish competition authority carried out an examination of the competitive effects of Copenhagen Malmö Port’s exclusive right to offer harbour services in Copenhagen Free Port. The Danish competition authority at the same (...)

The German Competition Authority paves way for pre-postal services and rejects the State action defence raised against the application of Art. 82 EC (Deutsche Post)
White & Case (Miami)
On 11 February 2005, the German Federal Cartel Office (“FCO”) issued a decision in which it condemned the conduct of Deutsche Post AG in refusing access for providers of pre-postal services to certain mail delivery services provided by Deutsche Post and in denying discounts for those particular (...)

The Polish Competition Authority establishes that a town has abused dominant position by limiting the number of resellers for public transportation (Commune W.)
European Commission - DG COMP (Brussels)
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Orrick, Herrington & Sutcliffe (Washington DC)
On September 19th 2003, the President of the Office for the Competition and Consumers Protection (hereafter, OCCP President or, President of the Office) decided that the practice of Commune W. to limit the number of persons eligible to sell fixed term tickets for the city public transportation (...)

The Luxembourg Administrative Tribunal finds no anti-competitive practices in the context of a waste disposal scheme (SuperDrecksKëscht 2)
Arendt & Medernach (Luxembourg)
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NautaDutilh (Luxembourg)
Background This case deals with alleged anti-competitive practices in the context of a waste disposal project, “SuperDrecksKëscht 2” (now “SuperDrecksKëscht fir Betriber”). The initiators of this project were the Administration de l’Environnement (“Environmental Administration”) within the Ministry of (...)

The UK Competition Commission Appeal Tribunal concludes that a public body is an undertaking when "engaging in purchasing activities" (Bettercare Group)
United Kingdom’s Competition Authority (CMA) (London)
A. Introduction On 1 August 2002, the Competition Commission Appeal CCAT ("the CCAT") made an important ruling on the application of competition law to publically financed healthcare bodies. In over-ruling the decision of the Office of Fair Trading ("the OFT"), the CCAT held that the North and (...)

The Hungarian Competition Authority terminates proceedings in the motorway construction market regarding refusal to conclude a contract (Nemzeti Autópálya Rt.)
Lakatos, Köves (Budapest)
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Lakatos, Köves (Budapest)
In 2002 the Hungarian Competition Office (HCO) launched an investigation against National Motorway Ltd. (NA) in order to determine whether NA was in a dominant position in the motorway construction market, and if yes, whether it abused its dominant position when in 2000, it failed to respond to (...)

The Italian Competition Authority challenges anticompetitive measures in the Italian slots allocation tender process (Rotte Italia / Israele)
Nunziante Magrone (Rome)
Following the Opinion S2138 of January, 30, 2015 (not yet published), the ICA is going to challenge in Court the Italian Civil Aviation Agency (ENAC) method of allocating air traffic rights from Italy to Israel due to hamper of competition and favor of the dominant player . The outcome may (...)

Mergers

The UK Competition Authority provisionally clears the acquisition of a delivering food company despite COVID-19 (Deliveroo / Amazon) Free
Van Bael & Bellis (Brussels)
On 17 April 2020, approximately one week after the CMA found COVID-19 not to be an obstacle to its decision to block the Sabre/ Farelogix transaction, the CMA announced its provisional clearance of the acquisition by Amazon of a minority shareholding and certain rights in Deliveroo “in light of (...)

The EU Commission maintains adjustments to merger filing process made in response to COVID-19 crisis while underscoring need to protect competition Free
Van Bael & Bellis (Brussels)
The European Commission (the “Commission”) continues to encourage companies to delay any planned merger notifications until further notice in light of the COVID-19 pandemic, as it anticipates that it may face difficulties in collecting the information necessary to conduct its review, in (...)

The EU Commission announces that companies were encouraged to delay new merger notifications until further notice because of the complexities and disruptions caused by the current COVID-19 outbreak Free
Hogan Lovells (Brussels)
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Hogan Lovells (Brussels)
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Hogan Lovells (Milan)
The current COVID-19 pandemic is posing unprecedented challenges on our public health systems and communities. It is also heavily impacting economic activity, including for companies in the midst of M&A or joint venture transactions. Deals that are subject to merger control review in the (...)

The US DoJ and FTC publish a public statement regarding their ongoing commitment to antitrust enforcement in mergers and acquisitions during the COVID-19 crisis Free
Morgan Lewis (New York)
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Morgan, Lewis & Bockius (Washington)
US antitrust laws already on the books facilitate rapid investment without government delay: important practical tools and rules for dealmakers and their counsel in the wake of the coronavirus (COVID-19) pandemic and the current economic challenges. Recently, leaders of both the US Antitrust (...)

The German Government opposes foreign investment in an electrical infrastructure due to security concerns (State Grid / 50Hertz)
McDermott Will & Emery (Brussels)
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Norton Rose Fulbright (Brussels)
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McDermott Will & Emery (Brussels)
Non-EU inward investors in Germany should be aware of recent developments in German Government policy towards foreign investment in strategic infrastructure and security sensitive areas. Electricity infrastructure is an area that is particularly sensitive for strategic and security (...)

The French Economic and Finance minister authorises a merger in the food sector, after using his power of re-examination for the first time (Cofigéo / Agripole)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
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Norton Rose Fulbright (Brussels)
Article L. 430-7-1, II of the French Commercial Code provides that the French Minister of Economy and Finance has the power to re-examine a merger within 25 working days after receiving the French Competition Authority (FCA) decision, for reasons of public interest other than safeguarding (...)

The UK Government adopts new powers to investigate smaller merger transactions which raise national security concerns
Matheson (Dublin)
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Latham & Watkins (Hambourg)
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Latham & Watkins (London)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The expansion of the UK government’s foreign investment review powers will require additional scrutiny of potential deals for the early identification of (...)

The Hungarian Competition Office approves the creation of a joint venture for mobile phone services (MPVI Mobil)
Philip Morris (Budapest)
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Kinstellar (Budapest)
The newly established joint venture company, MPVI, which was approved by the HCO intends to provide mobile radio telephone services on the basis of its right to use a frequency use. The Hungarian mobile telephone market is currently dominated by three key players (Magyar Telekom, Telenor and (...)

The Hungarian Competition Authority clears the acquisition of the prospective owner and operator of the gas interconnector between Slovakia and Hungary by two state owned companies (Magyar Villamos Művek / MFB Invest Befektetési és Vagyonkezelő / Magyar Gáz Tranzit)
Philip Morris (Budapest)
The Hungarian Competition Office (“HCO”) has approved the acquisition of joint control by Magyar Villamos Művek Zrt. (“MVM”), MFB Invest Befektetési és Vagyonkezelő Zrt. (“MFB Invest”) over Magyar Gáz Tranzit Zrt. (“MGT”), the prospective owner and operator of the gas interconnector between Slovakia and (...)

The Chinese MOFCOM issues interim measures providing clarifications on key procedural issues of the national security systems and security review notifications
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
The MOFCOM published the Interim Measures on Relevant Matters Concerning the Implementation of Security Review of Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (商务部实施外国投资者并购境内企业安全审查 制度有关事项的暂行规定) (the Interim Measures) on 4 March 2011. The Interim Measures were promulgated to (...)

The Chinese State Council establishes a national security review system for foreign takeovers
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
The General Office of China’s State Council published the Circular on Establishing a Mechanism of Security Review of Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (《国务院办公厅关于建立外国投资者并购境内企业安全审查 制度的通知》) (the Circular) on 12 February 2011. The Circular was promulgated to guide the (...)

The Chinese State Council promulgates opinions on the promotion of mergers and the restructuring of enterprises
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
China’s State Council promulgated the Opinions on the Promotion of Mergers and Restructuring of Enterprises (Opinions) on 28 August 2010 and published the Opinions on the Central Government website on 7 September. The Opinions state that certain industries and sectors in China have serious (...)

An Italian administrative court asks the Constitutional Court whether a legislative measure that conditionally cleared a merger outside ordinary merger control is in compliance with the Italian Constitution (Federconsumatori)
University of Palermo
All the undertakings are equal. It happens in Italy, however, that some undertakings are more equal than others and the State allows them to realise a concentration without subjecting them to ordinary merger control rules. The Italian Constitutional Court (Constitutional Court), in a (...)

The UK Competition Appeal Tribunal rejects appeal against clearance of a merger in the bank sector (Lloyds TSB / HBOS)
Van Bael & Bellis (Brussels)
On 10 December 2008, the UK Competition Appeal Tribunal (CAT) ruled on an appeal against the decision of the Secretary of State for Business, Enterprise and Regulatory Reform, Lord Mandelson, to clear the proposed acquisition of UK banking group HBOS by competitor Lloyds TSB. In September 2008, (...)

The UK Government intervenes in a merger in the banking sector (Lloyds / HBOS)
Van Bael & Bellis (Brussels)
On 18 September 2008, the Secretary of State for Business, Enterprise and Regulatory Reform issued an intervention notice in respect of the recently announced acquisition of UK banking group HBOS by competitor Lloyds TSB. Lloyds TSB‘s acquisition of HBOS is effectively a rescue plan prompted by (...)

The German Government overrules on public interest grounds the Competition Authority’s prohibition of a merger in the hospital sector (University hospital Greifswald / Regional hospital Wolgast)
Van Bael & Bellis (Brussels)
On 17 April 2008, the German Federal Minister of Economics and Technology approved the merger between the university hospital Greifswald and the regional hospital Wolgast, thereby overruling the German Federal Cartel Office’s (FCO) prohibition of the transaction in December 2006. Under German (...)

The Portuguese Competition Authority blocks a merger in the highways operation sector but the Minister of Economy finally overturns the Competition Authority’s decision (Brisa / AEA/ AEO)
Cuatrecasas (Lisbon)
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Cruz Vilaça Advogados (Lisbon)
NB: This case is referrenced under two different dates: 7 April 2006 for the NCA’s decision, and 7 June 2006 for the Minister’s decision. The comment below concerns these two decisions. On 24 March 2005, Brisa - Auto-Estradas de Portugal, S.A. (“Brisa”), through its wholly-owned subsidiary Via (...)

The Bulgarian competition authority clears an acquisition in the filmmaking industry subject to conditions and upholds a State action immunity for gun-jumping (New Image Bulgaria/Boyana Film)
US Federal Trade Commission (FTC) (Washington)
The Bulgarian Commission for the Protection of Competition (CPC or Commission) authorised the acquisition of the main national filmmaking studios, Boyana Film EAD (“Boyana”) by the US-based New Image Inc. and its Bulgarian subsidiary New Image Bulgaria EOOD (together, “New Image”). The main (...)

The EU Commission conditionally approves the creation of a European aeronautic, space and defence company (EADS)
European External Action Service (Brussels)
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Financial Conduct Authority (London)
"Merger Control: main developments between 1st May 2000 and 31st August 2000"* The Commission conditionally authorised the proposed creation of EADS, to which German company DaimlerChrysler AG, France’s Lagardère SCA, the French State and the Spanish company Sociedad Estatal de Participationes (...)

State Aids

The EU Commission approves €3.4 billion Danish scheme to support companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €3.4 billion Danish scheme to support companies* in the context of Russia’s war against Ukraine* The European Commission has approved a €3.4 billion (DKK 25.2 billion) Danish subsidised loan scheme to support companies in the context of Russia’s war against Ukraine. (...)

The EFTA Surveillance Authority approves aid for Norwegian projects participating in a European hydrogen value-chain initiative
EFTA Surveillance Authority (Brussels)
ESA approves aid for Norwegian projects participating in a European hydrogen value-chain initiative* The EFTA Surveillance Authority (ESA) has today approved aid for two Norwegian projects – Barents Blue and Tizir – participating in a hydrogen value-chain initiative, also known as Hy2Use. The (...)

The EU Commission approves up to €5.2 billion of public support by thirteen Member States for the second Important Project of Common European Interest in the hydrogen value chain
European Commission - DG COMP (Brussels)
State Aid: Commission approves up to €5.2 billion of public support by thirteen Member States for the second Important Project of Common European Interest in the hydrogen value chain* The Commission has approved, under EU State aid rules, a second Important Project of Common European Interest (...)

The EU Commission approves €4 billion Romanian scheme to support companies in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €4 billion Romanian scheme to support companies in the context of Russia’s invasion of Ukraine* The European Commission has approved a €4 billion (approximately RON 19.7 billion) Romanian scheme to support companies across sectors in the context of Russia’s invasion (...)

The EU Commission publishes a report which reveals that Covid-19 State aid measures allowed for unprecedented levels of support whilst preserving the level-playing field for businesses
European Commission - DG COMP (Brussels)
State aid: 2021 Scoreboard shows that COVID-19 State aid measures allowed for unprecedented levels of support while preserving the level-playing field* The 2021 State Aid Scoreboard, published today by the European Commission and relating to State aid expenditure in 2020, shows the crucial (...)

The EU Commission endorses the Netherlands’ €4.7 billion recovery and resilience plan
European Commission - DG COMP (Brussels)
NextGenerationEU: European Commission endorses the Netherlands’ €4.7 billion recovery and resilience plan* The European Commission has today given a positive assessment of the Netherlands’ recovery and resilience plan. This is a key step paving the way for the EU to disburse €4.7 billion in (...)

The EFTA Surveillance Authority approves a Norwegian aid scheme for the compensation of indirect emission costs
EFTA Surveillance Authority (Brussels)
ESA approves new Norwegian CO2 compensation scheme* The EFTA Surveillance Authority (ESA) has today approved a new Norwegian aid scheme for the compensation of indirect emission costs. The scheme partially compensates certain energy-intensive companies, such as basic iron and steel (...)

The EFTA Surveillance Authority launches investigation into aid provided under Norwegian State aid scheme for small and medium sized enterprises
EFTA Surveillance Authority (Brussels)
ESA launches investigation into aid provided under Norwegian state aid scheme* The EFTA Surveillance Authority (ESA) has today decided to initiate a formal investigation into certain state aid granted under the aid scheme “Norwegian Catapult”. ESA monitors state aid granted by the EEA EFTA (...)

The EU Commission approves Italian market conform scheme to manage publicly guaranteed loans
European Commission - DG COMP (Brussels)
State aid: Commission approves Italian market conform scheme to manage publicly guaranteed loans* The European Commission has found Italy’s plan to enable the transfer of certain State guaranteed loans to a newly created platform managed by AMCO S.p.A. to be free of any State aid. The (...)

The EU Commission approves €27.5B German scheme to compensate energy-intensive companies for indirect emission costs
European Commission - DG COMP (Brussels)
State aid: Commission approves €27.5 billion German scheme to compensate energy-intensive companies for indirect emission costs The European Commission has approved, under EU State aid rules, a German scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission approves €835M Dutch scheme to compensate energy-intensive companies for indirect emission costs
European Commission - DG COMP (Brussels)
State aid: Commission approves €835 million Dutch scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Dutch scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission approves a Finnish scheme worth €687M to compensate energy-intensive companies for indirect emission costs
European Commission - DG COMP (Brussels)
State aid: Commission approves €687 million Finnish scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Finnish scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission approves €125M Estonian scheme to support companies in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €125 million Estonian scheme to support companies in context of Russia’s invasion of Ukraine* The European Commission has approved a €125 million Estonian scheme to support the liquidity needs of companies across sectors in the context of Russia’s invasion of (...)

The EU Commission approves a Greek aid scheme whose objective is to support vulnerable and less prosperous households and micro or small enterprises struggling to repay mortgages and loans
Maastricht University
An Innovative Scheme to Support Individual Borrowers* Individuals and households are not undertakings. However, any public funding of individuals or households may constitute indirect aid to undertakings. Such aid may be exempted on the basis of Article 107(2)(a) TFEU. Introduction Article (...)

The EU Commission approves a Dutch scheme to support the filling of the gas storage facility in the context of Russia’s invasion of Ukraine (Bergermeer)
European Commission - DG COMP (Brussels)
State aid: Commission approves Dutch scheme to support the filling of the gas storage facility Bergermeer in context of Russia’s invasion of Ukraine* The European Commission has approved an up to €406.4 million Dutch scheme to support the filling of the gas storage facility Bergermeer in the (...)

The EFTA Surveillance Authority approves Norway’s financing of a new airport in Mo i Rana
EFTA Surveillance Authority (Brussels)
ESA greenlights Norway’s financing of a new airport in Mo i Rana* The EFTA Surveillance Authority (ESA) has today concluded that the funding by the Norwegian State and Rana municipality for the construction of a new airport in the vicinity of Mo i Rana, a city located in the Helgeland region (...)

The EU Commission approves €1 million Croatian scheme to support maize seed producers in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €1 million Croatian scheme to support maize seed producers in context of Russia’s invasion of Ukraine* The European Commission has approved a €1 million (HRK 7.5 million) Croatian scheme to support maize seed producers in the context of Russia’s invasion of Ukraine. (...)

The EU General Court dismisses in its entirety an action seeking annulment of the decision by the Commission to approve aid granted by Finland to a major airline (Finnair)
General Court of the European Union (Luxembourg)
The action seeking annulment of the decision by the Commission to approve aid granted by Finland to the airline Finnair is dismissed in its entirety* The Commission was entitled to approve the recapitalisation of Finnair, carried out by its public and private owners on a pro rata basis in (...)

The EU Commission approves €1.14 billion Hungarian scheme to support companies in context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €1.14 billion Hungarian scheme to support companies in context of Russia’s invasion of Ukraine* The European Commission has approved a €1.14 billion (HUF 442.37 billion) Hungarian scheme to support companies across sectors in the context of Russia’s invasion of (...)

The EU Commission approves €1.7 billion Italian scheme to support investment towards a sustainable recovery
European Commission - DG COMP (Brussels)
State aid: Commission approves €1.7 billion Italian scheme to support investment towards a sustainable recovery* The European Commission has approved a €1.7 billion Italian scheme aimed at providing investment support towards a sustainable recovery. The scheme was approved under the State aid (...)

The EU Commission approves €374 million Italian scheme to compensate rail freight transport companies for the damage suffered due to the coronavirus pandemic Free
European Commission - DG COMP (Brussels)
State aid: Commission approves €374 million Italian scheme to compensate rail freight transport companies for the damage suffered due to the coronavirus pandemic* The European Commission has approved, under EU State aid rules, €374 million Italian support to compensate rail freight transport (...)

The EFTA Surveillance Authority approves Norwegian aid scheme for businesses affected by Russia’s war against Ukraine
EFTA Surveillance Authority (Brussels)
ESA approves Norwegian aid scheme for businesses affected by Russia’s war against Ukraine* The EFTA Surveillance Authority (ESA) has today approved an aid scheme for Norwegian undertakings that would normally receive a significant part of their turnover from customers based in Ukraine, Belarus (...)

The EU Commission approves €3.9 million Estonian scheme to support agricultural producers in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €3.9 million Estonian scheme to support agricultural producers in context of Russia’s invasion of Ukraine* The European Commission has approved a €3.9 million Estonian scheme to support the beef, poultry and horticulture sectors in the context of Russia’s invasion (...)

The EU Commission approves €500 million Romanian scheme under Recovery and Resilience Facility to support the establishment of new forest areas
European Commission - DG COMP (Brussels)
State aid: Commission approves €500 million Romanian scheme under Recovery and Resilience Facility to support the establishment of new forest areas* The European Commission has approved, under EU State aid rules, a €500 million Romanian scheme made available through the Recovery and Resilience (...)

The EU Commission approves €226 million Hungarian scheme to support SMEs in context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €226 million Hungarian scheme to support SMEs in context of Russia’s invasion of Ukraine* The European Commission has approved a €226 million (HUF 90 billion) Hungarian scheme to support small and medium-sized enterprises (‘SMEs’) across sectors in the context of (...)

The EU Commission approves award of slots at Lisbon airport to Swiss low-cost airline company following national competitor’s restructuring (Easyjet / TAP Air Portugal)
European Commission - DG COMP (Brussels)
State aid: Commission approves award of slots at Lisbon airport to easyJet following TAP Group’s restructuring* The European Commission has ranked easyJet first among the air carriers that have applied for the portfolio of up to 18 daily slots at Lisbon airport. The slots will be made available (...)

The EFTA Surveillance Authority approves aid scheme for Icelandic aviation academies or losses resulting from COVID-19 restrictions Free
EFTA Surveillance Authority (Brussels)
COVID-19: ESA approves aid scheme for Icelandic aviation academies* The EFTA Surveillance Authority (ESA) has today approved an Icelandic scheme that compensates aviation academies for losses resulting from COVID-19 restrictions. The objective of the scheme is to ensure access to liquidity (...)

The EU Commission approves €500 million Finnish scheme to support companies in context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves 500 million Finnish scheme to support companies in context of Russia’s invasion of Ukraine* The European Commission has approved an €500 million scheme to support companies active in the context of Russia’s invasion of Ukraine. The scheme was approved under the (...)

The EU Commission approves a Swedish State aid scheme worth €404M to support disadvantaged workers entering the workforce
European Commission - DG COMP (Brussels)
State aid: Commission approves €404 million Swedish scheme to help disadvantaged workers access the labour market* The European Commission has approved, under EU State aid rules, a Swedish scheme of around €404 million (SEK 4.2 billion) to help disadvantaged workers access the labour market. The (...)

The EU Commission approves €698 million Italian scheme to support the tourism sector in the context of coronavirus pandemic
European Commission - DG COMP (Brussels)
State aid: Commission approves €698 million Italian scheme to support the tourism sector in the context of coronavirus pandemic* The European Commission has approved a €698 million Italian scheme to support companies active in the tourism sector affected by the coronavirus pandemic. The scheme (...)

The EU General Court upholds the Commission’s decision to approve a rescue aid of €36,660,000 granted by Romania to a passenger and cargo airline (TAROM)
General Court of the European Union (Luxembourg)
The General Court upholds the Commission’s decision approving rescue aid of €36 660 000 granted by Romania to the airline TAROM* That aid is compatible with the internal market as it aims to prevent the social hardship that disruption of TAROM’s services might cause for the connectivity of (...)

The EU Commission announces that the rescue aid framework will be abolished save for two types of support - Insolvency and investment support, which will be temporarily permitted (Wizz Air)
Maastricht University
Rescue Aid* Member State must demonstrate that rescue or restructuring aid aims to prevent social hardship or address market failure. The Temporary Framework is coming to an end The European Commission announced on 12 May 2022 that the Temporary Framework will be abolished on 30 June 2022, (...)

The EU Court of Justice rules that state resources transferred from one public authority to another for the management of public services are not State aid within the meaning of Article 107(1) TFEU (Hermann Albers)
Maastricht University
Intra-State Transfers and the Discretion of Public Authorities* Resources transferred from one public authority to another for the purpose of being used to subsidise undertakings do not fall within the scope of Article 107(1) TFEU if the recipient authority has discretion in their (...)

The EU Commission adopts Temporary Crisis Framework for State aid measures to support the EU economy following Russia’s invasion of Ukraine
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Brussels)
To mitigate the negative economic and social consequences of Russian military aggression against Ukraine and to lessen the effect of the restrictive economic measures taken in response to the crisis, as well as retaliatory counter measures, the European Commission adopted the Temporary Crisis (...)

The EU Commission adopts "Temporary Crisis Framework" for State aid measures to support the EU economy in the context of Russia’s invasion of Ukraine
Ashurst (Brussels)
,
University of Paris I Panthéon-Sorbonne
,
Ashurst (London)
introduction The aggression against Ukraine by Russia, the sanctions imposed by the EU and its international partners and the retaliatory counter-measures have created significant economic uncertainties, and disrupted trade flows and supply chains in many sectors. They have also led to (...)

The EU Commission adopts a State aid Crisis Framework to support the economy in relation to the Russo-Ukrainian conflict
Ashurst (Brussels)
,
University of Paris I Panthéon-Sorbonne
,
Ashurst (London)
Introduction The aggression against Ukraine by Russia, the sanctions imposed by the EU and its international partners and the retaliatory counter-measures have created significant economic uncertainties, and disrupted trade flows and supply chains in many sectors. They have also led to (...)

The EU Commission approves a €2.9 billion Spanish scheme to partially compensate energy-intensive companies for higher electricity prices resulting from indirect emission costs
European Commission - DG COMP (Brussels)
State aid: Commission approves €2.9 billion Spanish scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Spanish scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission approves a €1.4B Czech scheme to partially compensate energy-intensive companies for higher electricity prices as a result of indirect emission costs
European Commission - DG COMP (Brussels)
State aid: Commission approves €1.4 billion Czech scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Czech scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Court of Justice dismisses the appeal against the General Court’s judgment highlighting that essential national interests may justify deviation from the normal public procurement procedure (Achemos & Achema)
Maastricht University
State Aid and Essential National Interest* Introduction State aid should support outcomes that the market by itself cannot achieve. This implies that State aid that is restricted to only one or a few undertakings is unlikely to be capable of delivering the desired outcome. Yet, sometimes (...)

The EFTA Surveillance Authority approves aid to an agricultural and trade fair in Norway due to the COVID-19 pandemic (Dyrsku’n) Free
EFTA Surveillance Authority (Brussels)
COVID-19 pandemic: ESA approves aid to Dyrsku’n agricultural and trade fair in Norway* The EFTA Surveillance Authority (ESA) has today approved aid to Dyrsku’n, Norway’s largest agricultural and trade fair. The aid aims to compensate for pandemic-related losses following the cancellation of the (...)

The EU Commission prolongs and expands temporary framework to further support companies facing significant turnover losses due to the COVID-19 outbreak Free
European Commission - DG COMP (Brussels)
State aid: Commission prolongs and expands Temporary Framework to further support companies facing significant turnover losses* The European Commission has decided to prolong and extend the scope of the State aid Temporary Framework adopted on 19 March 2020 to support the economy in the (...)

The EU Commission approves €1 billion Danish and Swedish measure to recapitalise major network airline due to the COVID-19 outbreak (SAS) Free
European Commission - DG COMP (Brussels)
State aid: Commission approves €1 billion Danish and Swedish measure to recapitalise SAS* The European Commission has approved Danish and Swedish plans to contribute up to SEK 11 billion (approximately€1 billion) to the recapitalisation of SAS. The measure was approved under the State aid (...)

The EU Commission adopts a third amendment to extend the scope of the State aid Temporary Framework to support micro, small and start-up companies and incentivise private investments during the COVID-19 outbreak Free
European Commission - DG COMP (Brussels)
State aid: Commission expands Temporary Framework to further support micro, small and start-up companies and incentivise private investments* The European Commission has adopted a third amendment to extend the scope of the State aid Temporary Framework adopted on 19 March 2020 to support the (...)

The EU Commission consults the Member States on the proposal to expand State aid Temporary Framework to further support micro, small and start-up companies and incentivise private investments in the wake of COVID-19 outbreak Free
European Commission - DG COMP (Brussels)
Coronavirus: Commission Statement on consulting Member States on proposal to expand State aid Temporary Framework to further support micro, small and start-up companies and incentivise private investments* Today, the European Commission has sent to Member States for consultation a draft (...)

The EU Commission authorises State aid measure following the COVID-19 outbreak to help companies cover their immediate liquidity needs through bank loans guaranteed by EU member states Free
Hogan Lovells (Paris)
,
Hogan Lovells (Milan)
,
Hogan Lovells (Madrid)
The first State aid measures authorized by the European Commission (Commission) following the COVID-19 outbreak were aimed at helping companies to cover their immediate liquidity needs, mainly through bank loans guaranteed by EU Member States. The significant losses incurred by companies as a (...)

The EU Commission revises its temporary framework for State aid to allow capital injections by EU member states into non financial firms affected by the COVID-19 outbreak Free
Morgan Lewis (London)
,
Morgan Lewis (London)
The European Commission has revised its Temporary Framework for State Aid to support the economy during the coronavirus (COVID-19) pandemic to allow capital injections by EU member states into nonfinancial firms affected by the pandemic. To support the economy in the current COVID-19 pandemic, (...)

The EU Commission approves a £50 billion umbrella UK State aid scheme to support SME’s and large corporates affected by the COVID-19 Free
Morgan Lewis (London)
,
Morgan Lewis (London)
The European Commission has approved a £50 billion (EUR 57 billion) “umbrella” UK state aid scheme to support small and medium-sized enterprises and large corporates in the United Kingdom affected by the coronavirus (COVID-19) outbreak. The umbrella scheme was approved on April 6, 2020, under the (...)

The EU Commission adopts an amendment to extend the temporary framework for State aid measures to support the economy in the COVID-19 outbreak Free
Deloitte (Brussels)
,
White & Case (Brussels)
,
White & Case (Paris)
On 3 April, the Commission adopted an Amendment to extend the Temporary Framework for State aid measures to support the economy in the COVID-19 outbreak adopted on 19 March (covered in our previous alert: European Commission publishes its emergency COVID-19 State aid rules and rapidly approves (...)

The EU Council announces that it will suspend airport slot requirements to help mitigate the economic impact of COVID-19 on airlines including State aid in different forms Free
Morgan Lewis (London)
,
Morgan Lewis (London)
,
Morgan Lewis (London)
The Council of the EU announced on March 30 that the European Union has suspended the airport slot requirements until October 24. The slot requirements require airlines to use at least 80% of their slots in order to be guaranteed usage of those slots in the following year. The waiver of the EU (...)

The EU Court of Justice partially annuls a State aid granted by Greece in the context of the privatisation of a large nickel producer (Larko)
Van Bael & Bellis (Brussels)
On 26 March 2020, the Court of Justice partially annulled the judgment of the General Court concerning State aid granted by Greece in the context of the privatisation of Larko, a large nickel producer. The Court of Justice found that the ruling at first instance had wrongly applied the Private (...)

The EU Commission introduces a Temporary Framework which enables governments to offer extensive State-backed loans to the aviation industry affected by COVID-19 Free
Selbständig (Zurich)
,
Shearman & Sterling (London)
,
London School of Economics (London)
Although the EU’s introduction of a Temporary Framework has enabled governments to offer extensive State-backed loans, the airline industry needs more than just credit—it will need equity. However, State aid to the aviation industry is strictly regulated by the European Commission (the (...)

The EU Commission approves under EU State aid rules €1.3 billion Danish scheme that partially compensates the self-employed for the losses of turnover suffered due to the COVID-19 Free
European Commission - DG COMP (Brussels)
The European Commission has approved under EU State aid rules a DKK 10 billion (approximately €1.3 billion) Danish scheme that partially compensates the self-employed for the losses of turnover suffered due to the coronavirus outbreak. Executive Vice-President Margrethe Vestager, in charge of (...)

The EU Commission adopts the temporary framework for State aid measures to support the economy during the COVID-19 outbreak Free
Van Bael & Bellis (Brussels)
On 19 March 2020, the Commission adopted the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak (“Temporary Framework”). On 4 April 2020, it published a first amendment to the Temporary Frame- work, which significantly broadens its scope of (...)

The EU Commission adopts a temporary framework for State aid measures to support the economy in the current COVID-19 outbreak Free
Van Bael & Bellis (Brussels)
On 19 March 2020, the European Commission (the “Commission”) adopted the Temporary Framework for State aid measures to support the economy in the current COVID- 19 outbreak (the “Temporary Framework”), which was first amended on 3 April 2020. On 8 May 2020, the Commission adopted another amend- (...)

The EU Commissioner Vestager announces a draft proposal for a State aid Temporary Framework to support the economy in the context of the COVID-19 outbreak Free
Shearman & Sterling (London)
Member States of the EU and the U.K. are announcing massive support packages for companies affected by the coronavirus crisis. These interventions are on a vast scale. Unlike the 2008 financial crisis, the measures we are seeing this week are predominately fiscal rather than monetary policy (...)

The EU Commission delays merger notifications until further notice and develops emergency State aid response to the COVID-19 outbreak Free
Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (London)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
As the COVID-19 pandemic spreads rapidly around the world, and countries take unprecedented measures to contain the spread of the disease, businesses are increasingly struggling with the economic impact of this crisis. While airlines, tour operators and event businesses have been among the (...)

The EU Commission approves the first COVID-19 related State aid notification submitted by Denmark within 24 hours of the notification to compensate damages caused by cancellations of large public events Free
Deloitte (Brussels)
,
White & Case (Brussels)
,
White & Case (Berlin)
As the number of businesses around the EU affected by the COVID-19 outbreak grows, many Member States are considering or have announced substantial supporting packages in an effort to limit the impact of the outbreak on the economy. Across the EU, measures vary, from governmental loans and (...)

The EU Court of Justice sets aside the General Court’s annulment of the Commission’s decision concerning state aid granted to a Danish bank (FIH)
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Brussels)
,
Norton Rose Fulbright (Brussels)
When considering whether a measure constitutes State aid for the purposes of Article 107(1) TFEU and applying the well-established private operator principle, one should take into account both the private creditor test and that of the private investor depending on the nature of the transaction. (...)

The EU Court of Justice annuls a judgment of the General Court, finding that previously granted State aid must be disregarded when it applies the private investor principle (FIH)
Maastricht University
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission approves as compatible with the internal market an R&D measure in the air sector notified by France and Germany, after finding it complies with the RDI framework
Maastricht University
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice implicitly rejects the General Court’s views on subjective assessment of two-part State aid measures under Art 107(1) TFEU (MOL Magyar Olaj)
University of Bristol - Law School
CJEU implicitly rejects GC’s views on subjective assessment of two-part State aid measures under Art 107(1) TFEU (C-15/14)* In its Judgment in Commission v MOL, C-15/14, EU:C:2015:362, the CJEU upheld the previous Judgment of the GC where the selectivity of two-part State aid measures was (...)

The EU Court of Justice holds that levying charges to maintain equal treatment is not necessarily selective (MOL Magyar Olaj)
Maastricht University
Levying of Charges to Maintain Equal Treatment Is Not Necessarily Selective* The standard of proof of whether a measure is selective depends on whether that measure is a scheme or a grant of individual aid. Measures providing for exemption are by definition selective. Measures that impose (...)

The EU Commission opens a State aid investigation into the German Renewable Energy Source Act for giving unlawful advantages to energy-intensive companies in Germany
McDermott Will & Emery (Brussels)
EUROPEAN COMMISSION INVESTIGATES EXEMPTION FROM RENEWABLE ENERGY SURCHARGE FOR ENERGY-INTENSIVE COMPANIES IN GERMANY* The European Commission today opened a State aid investigation into the German Renewable Energy Source Act (the EEG), claiming that the EEG may have given unlawful advantages (...)

The EU Court of Justice rules that seemingly separate interventions may constitute a single measure if they are inseparable by way of timing, purpose and the condition of the beneficiary undertaking (Bouygues)
Maastricht University
Where is the Money? The Link between Advantage and Transfer of State Resources* On 19 March 2013, the Court of Justice delivered an important judgment in case C-399/10 P, Bouygues v European Commission concerning aid that was granted by France to France Telecom. The case was an appeal to an (...)

The West African Economic and Monetary Union Competition Authority finds that Togo infringed regional State aid law by taking actions that favor an undertaking to the detriment of its competitors doing business in the common market (Asky)
Munich Intellectual Property Law Center-MIPLC
1 Introduction and background This contribution reports on a case related to State Aides decided by the Competition Commission of the West African Economic and Monetary Union (WAEMU). The decision, ASKY, raises issues at the cross-road of trade, regional integration and competition law. WAEMU (...)

The EU Commission temporarily approves recapitalisations in the financial sector granted by the Irish authorities (Building Society / Allied Irish Banks)
Law & Economics LAB (Rome)
,
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 May and 31  August 2011"* On 15 July 2011 the Commission temporarily Approved a recapitalisation worth up to €13.1 billion of an entity resulting from the merger of Allied Irish Banks and Educational Building Society (AIB/EBS), as well as a (...)

The EU Commission approves the joint restructuring of two Irish banks (Anglo Irish Bank / Irish Nationwide Building Society)
De Nederlandsche Bank (Amsterdam)
,
European Commission - DG COMP (Brussels)
"The Resolution of Anglo Irish Bank and Irish Nationwide Building Society"* 1. Introduction Of the banks that have received State aid during the financial crisis, few have received as much aid relative to their risk‑weighted assets as Anglo Irish Bank (Anglo) and Irish Nationwide Building (...)

The EU Commission rejects complaints filed by mobile phone operators already active in the French market, as it finds that the procedure for awarding fourth 3G mobile phone licence does not involve any State aid (France – 4th UMTS licence)
Law & Economics LAB (Rome)
,
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 May and 31  August 2011"* On 10 May 2011 the Commission rejected complaints filed by three mobile phone operators already active in the French market, as it found that the procedure for awarding France’s fourth 3G mobile phone licence in 2009 did not (...)

The EU Commission decides that the level of fee charged by the French government for spectrum assignment to the 4th mobile operator did not entail any State aid in the meaning of Art. 107(1) TFEU (France - 4th UMTS license)
University of Namur
,
European Commission - DG COMP (Brussels)
"The Assignment of Spectrum and the EU State Aid Rules: the case of the 4th 3g license assignment in France"* 1. The French 4th mobile communications licence On 5 May 2011, the Commission decided that the level of the fee charged by the French government in 2009 for spectrum assignment to (...)

The EU Commission authorises Danish public funding for a pilot program incentivising the purchase of electric cars
European Commission - DG COMP (Brussels)
,
Permanent Representation of Sweden to the EU (Brussels)
State aid: main developments between 1 January and 30 April 2011* On 8 March, the Commission authorised DKK15 million (approximately Eur. 2 million) of public funding for a pilot programme incentivising the purchase of electric cars until 31 December 2012. The scheme supports projects designed (...)

The EU Commission approves a support package and restructuring plan for a Dutch financial institution subject to certain conditions (ABN AMRO Group)
European Commission - DG COMP (Brussels)
,
Permanent Representation of Sweden to the EU (Brussels)
State aid: main developments between 1 January and 30 April 2011* On 5 February, the Commission approved a support package and restructuring plan for the ABN AMRO Group, subject to certain conditions. The restructuring package has been under implementation since October 2008, when the Dutch (...)

The EU General Court partly annuls Commission decision in the privatization of an airline case (Olympic Airways)
Van Bael & Bellis (Brussels)
On 13 September 2010, the General Court partly annulled a decision in which the Commission found that the privatization of Olympic Airways had given rise to the award of illegal State aid to the benefit of Olympic Airways and of a company called Olympic Airlines, which took up the flight (...)

The EU Commission closes formal investigation procedure on state aid granted by Poland to company specialized in civil and military aviation hydraulics (PZL Hydral)
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 May and 31 August 2010"* The Commission has closed on 4 August 2010 the formal investigation procedure on state aid to PZL Hydral, a company which was specialised in civil and military aviation hydraulics. The Commission had concerns that the original (...)

The EU Commission authorises a € 550 million capital injection provided by Austria in favour of a bank and approves a new restructuring plan (BAWAG)
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 May and 31 August 2010"* The Commission has authorised on 30 June 2010 a €550 million capital injection provided by Austria in favour of the BAWAG bank and approved a new restructuring plan of the bank13. In 2007 already, the Commission had approved a (...)

The EU Commission authorises aid for the restructuring of a Spanish financial institution (Caja Castilla-La Mancha)
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 May and 31 August 2010"* On 29 June 2010 the Commission has authorised aid for the restructuring of Caja Castilla-La Mancha. The Commission’s investigation found that the orderly break-up of Caja Castilla-La Mancha, followed by the sale of the banking (...)

The EU Commission approves State aid scheme notified by Belgium in order to restructure railways company (SNCB)
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 May and 31 August 2010"* The Commission has authorised on 26 May 2010 SNCB‘s plans to restructure its freight activities and convert its freight division into a subsidiary. In December 2009 Belgium notified a project to restructure SNCB‘s freight (...)

The EU General Court finds that public statements of support by the French Government did not constitute State aid in favour of the incumbent telecom operator (France Télécom)
Van Bael & Bellis (Brussels)
In a judgment handed down on 21 May 2010, the General Court (hereinafter the “GC”) held that statements by the French authorities aimed at assuring France Télécom (hereinafter “FT”) of their support in the context of a major financial crisis experienced by FT did not constitute State aid. According (...)

The EU Commission approves a € 1.5 billion recapitalization provided by Belgium in order to restructure a Belgian insurer (Ethias)
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 May and 31 August 2010"* The Commission approved on 20 May 2010 a €1.5 billion recapitalisation provided by Belgium in the context of the restructuring of Ethias, a Belgian insurer that ran into severe difficulties in 2008. Ethias historically operated (...)

The EU Commission grants final clearance to the Swedish aid for the restructuring of an investment bank (Carnegie Investment Bank)
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 May and 31 August 2010"* On 12 May 2010 the Commission has granted final clearance to the Swedish aid for the restructuring of Carnegie Investment Bank. In October 2008, the Swedish government provided a rescue loan of SEK2.4 billion (€ 225 million) to (...)

The EU Commission approves the establishment of a national agency which constituted an impaired asset relief scheme for financial institutions (National Asset Management Agency)
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 January and 30 April 2010"* On 26 February 2010, the Commission approved the establishment of the National Asset Management Agency (NAMA), an impaired asset relief scheme for financial institutions in Ireland. The purpose of NAMA is to restore stability (...)

The European Commission authorizes Danish scheme providing export loans to Danish exporters and/or their clients experiencing difficulties in accessing funding
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 January and 30 April 2010"* The Commission has authorised a Danish scheme providing export loans to Danish exporters and/or their clients who are experiencing difficulties in accessing funding in the current financial crisis. The Commission found the (...)

The EU Commission approves a support package and restructuring plan for a Dutch financial institution subject to certain conditions (ABN AMRO Group)
European Commission - DG COMP (Brussels)
,
Permanent Representation of Sweden to the EU (Brussels)
State aid: main developments between 1 January and 30 April 2011* On 5 February, the Commission approved a support package and restructuring plan for the ABN AMRO Group, subject to certain conditions. The restructuring package has been under implementation since October 2008, when the Dutch (...)

The EU Commission approves the measures taken by the UK Government for the liquidation of a UK specialist mortgages and savings products company (Bradford & Bingley)
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 January and 30 April 2010"* On 25 January 2010 the Commission approved the measures taken by the UK Government for the liquidation of Bradford & Bingley. Bradford and Bingley provided specialist mortgages and savings products. It operated 197 (...)

The EU Commission approves aid given by the UK authorities to facilitate restructuring of UK financial services company (Dunfermline Building Society)
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 January and 30 April 2010"* On 25 January 2010, the Commission approves aid given by the UK authorities to facilitate restructuring of the Dunfermline Building Society of the United Kingdom. The restructuring consisted of the immediate split-up of (...)

The EU Commission approves a Hungarian measure aimed at providing liquidity to eligible financial institutions to support lending to the economy
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 January and 30 April 2010"* The Commission has approved a Hungarian measure aimed at providing liquidity to eligible financial institutions in Hungary to support lending to the economy. In the period from late 2008 to early 2009, the Hungarian financial (...)

The EU Commission approves State aid measures concerning the recapitalization of a UK bank (Royal Bank of Scotland)
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 September and 31 December 2009"* Under a package of financial support measures approved by the Commission on 13 October 2008, RBS received state recapitalisation of £ 20 billion (€ 22 billion), giving the state a 70 % stake in the bank. Approval of this (...)

The EU Commission endorses UK restructuring plan in favor of a UK bank (Lloyds Banking Group)
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 September and 31 December 2009"* Lloyds Banking Group is the entity resulting from the acquisition of HBOS by Lloyds TSB in January 2009. In 2008, HBOS was on the brink of bankruptcy as a result of risky lending and heavy dependence on wholesale funding. (...)

The EU Commission issues guidelines for the application of State aid rules in relation to rapid deployment of broadband networks
European Ombudsman (Strasbourg)
,
European Commission - Secretariat General (Brussels)
,
DG Economic and Financial Affairs (ECFIN) (Brussels)
"The new State Aid Broadband Guidelines: not all black and white"* I. General context A. The importance of broadband development There is widespread consensus on the crucial impact of broadband development for economies and societies. Broadband networks have the potential to affect (...)

The EU Commission approves public co-financing of broadband network covering the entire French department of Hauts-de-Seine, including the non-profitable areas
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 September and 31 December 2009"* On 30 September 2009, the European Commission approved public co-financing of the roll-out of a passive, neutral and open broadband network covering the entire French department of Hauts-de-Seine, including the (...)

The EU Commission adopts guidelines for public funding of broadband networks
Van Bael & Bellis (Brussels)
On 17 September 2009, the Commission issued new guidelines for the application of State aid rules to the public funding of broadband networks (the ‘Guidelines’). The aim of these Guidelines is to accelerate and extend deployment of broadband networks by providing a transparent and predictable (...)

The EU Commission issues guidelines on restructuring aid to banks
Van Bael & Bellis (Brussels)
On 23 July 2009, the Commission adopted a temporary Communication on restructuring aid to banks. This Communication complements the previously adopted guidelines on State guarantees, recapitalization and impaired assets in the banking sector and sets out how the Commission will assess (...)

The EU Commission announces in a communication that restoration of competition in the banking sector is an EU priority
Corrs Chambers Westgarth (Sydney)
,
DLA Piper (London)
,
Sidley Austin (Brussels)
The global financial crisis has seen competition authorities come under pressure to relax their interpretation of competition laws in order to help companies weather the current financial storm. In general, competition authorities have been reluctant to do so, on the basis that in such (...)

The EU Commission publishes a communication on the return to viability and the assessment of restructuring measures in the financial sector
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"Restructuring banks in crisis — overview of applicable State aid rules"* 1. A complete set of State aid rules for financial institutions in the current crisis (1 The Communication of 22 July 2009 on the return to viability and the assessment of restructuring measures in the financial sector (...)

The EU Commission adopts a communication on the return to viability and the assessment of restructuring measures in the financial sector under the State aid rules
European Commission - DG COMP (Brussels)
State aid: main developments between 1 May and 31 August 2009* On 22 June 2009 the Commission adopted a Communication on the return to viability and the assessment of restructuring measures in the financial sector in the current crisis under the State aid rules (2). This is the fifth (...)

The EU Commission approves the UK homeowners mortgage support scheme to help households affected by the financial downturn
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 January and 30 April 2009"* On 21 April 2009, the Commission approved the UK Homeowners Mortgage Support Scheme to help households affected by the financial downturn. The scheme aims to reduce the level of home repossessions likely to occur as a result (...)

The UK Government notifies the EU Commission of its intentions to set up a new scheme to alleviate the funding constraints that banks are facing (Asset-Backed Securities Guarantee Scheme)
European Commission - DG COMP (Brussels)
State aid: main developments between 1 January and 30 April 2009* On 17 April 2009, the UK notified its intention to set up another scheme to alleviate the funding constraints that banks are currently facing. By guaranteeing AAA rated residential mortgage-backed securities (‘RMBS’), the UK (...)

The Irish Authorities notify the EU Commission on their intention to recapitalise national Bank with €1.5 billion (Anglo Irish Bank)
European Commission - DG COMP (Brussels)
,
Groupe Holder (Lille)
,
European Commission - DG COMP (Brussels)
State aid: main developments between 1 January and 30 April 2009* On 19 December 2008, the Irish authorities informed the Commission of their intention to recapitalise Anglo Irish Bank with €1.5 billion. On 8 January 2009, the Irish authorities formally notified this measure. Due to the (...)

The EU Commission rules on the limits to the application of Article 296 and indemnification provision in privatisation contracts (Hellenic Shipyards)
European Commission - DG COMP (Brussels)
"The Hellenic Shipyards decision: Limits to the application of Article 296 and indemnification provision in privatisation contracts"* On 2 July 2008, the Commission closed its investigation concerning 16 state measures implemented in favour Hellenic Shipyards S.A. (‘HSY‘) by ordering Greece to (...)

The EU Commission considers that tax credits for research and development activities granted by Italian government do not constitute State aid
European Commission - DG COMP (Brussels)
"Italy gets all clear for R&D tax credits"* In September 2007 Italy notified the Commission of a tax credit for expenditure on research and development (R&D) activities of up to a maximum of €15 million offering (i) 10% credit for R&D expenditure incurred in-house and (ii) 15% (...)

The European Commission considers that Prague municipal wireless network project does not constitute State aid (Wireless Prague)
European Ombudsman (Strasbourg)
,
DG Economic and Financial Affairs (ECFIN) (Brussels)
,
European Commission - DG COMP (Brussels)
"Municipal wireless networks and State aid rules: Insights from “Wireless Prague”"* I. Introduction Access to advanced electronic communications networks and especially broadband services has become a critical component of the economic and social fabric of today’s societies. Despite full (...)

The EU Commission approves State guarantee granted by the Austrian government in the banking sector (BAWAG-PSK)
European Commission - DG COMP (Brussels)
Enforcement of State aid control in the banking sector: BAWAG-PSK* On 27 June 2006 the Commission decided to approve a State guarantee of € 900 million granted to BAWAG-PSK by Austria. The guarantee provided collateral for specific bad loans with the consequence that the assets remained (...)

The EU Commission authorizes the Flemish region to participate in the capital increase for the R&D of a company (OCAS)
European Commission - DG COMP (Brussels)
"Flemish region authorized to participate in the capital increase of the R&D company OCAS"* On 20 October 2004, the Commission authorized the region of Flanders, Belgium, to participate to the capital increase of O.C.A.S, whose initials stands in Dutch for Research Centre for the (...)

The EU Commission proposes to French authorities to phase out State guarantee granted to a public financial institution (CDC IXIS)
European Commission - DG EAC
"Where state guarantees supporting commercial banking activities distort competition, they must be abolished: the case of CDC IXIS"* Introduction Commission decisions have consistently confirmed that the financial sector is subject to competition rules, including those relating to state aid, (...)

The OECD holds a roundtable on competition policy in subsidies and state aid
OECD - Competition Division (Paris)
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat In the light of the written submissions, the background note and the oral discussion, the following points emerge: (1) Governments of all levels (...)

The EU Commission decides not to object to an infrastructure development scheme notified by the UK authorities under which the State acting through a real estate company will buy land and develop it for commercial use and then sell or lease it at market price (Welsh Development Agency)
European Commission - DG COMP (Brussels)
Main developments between 1st October and 31st December 2000* On 6 December 2000 the Commission decided not to object to an infrastructure development scheme, under which the State, acting through the Welsh Development Agency, will buy land, develop it for commercial use and then sell or lease (...)

The EU Commission holds that no aid was involved in the financing of public TV in Portugal (RTP)
European Commission - DG COMP (Brussels)
"Financing of Public TV in Portugal: No aid involved"* The public financing received by the Portuguese public television channel RTP (Radiotelevisão Portuguesa), including payments - averaging some ECU 35 million a year between 1992 and 1995 – in respect of its public service obligations, does (...)

Procedures

The EU Court of Justice confirms the General Court’s analysis and applies the State imputability condition in the specific case of a measure implemented by a private entity (Banca Popolare di Bari)
Sheppard, Mullin, Richter & Hampton (Brussels)
,
BonelliErede (Brussels)
The Court of Justice (‘the Court’), sitting as a Grand Chamber, dismissed an appeal lodged by the European Commission (‘the Commission’) against the General Court’s judgment annulling the Commission’s negative decision concerning the intervention of the Fondo interbancario di tutela dei depositi (...)

The Latvian Competition Authority develops a self-assessment tool, aimed at facilitating assessment of participation of public administrative bodies in a capital company
Latvian Competition Council (Riga)
The CC develops a self-assessment tool, aimed at facilitating assessment of participation of public administrative bodies in a capital company* In 2020, majority of public administrative bodies pursuant to Section 88 of the State Administration Structure Law (the SASL) are obliged to carry out (...)

The Mexican Competition Authority issues emergency regulations providing that the service of process of official communication and resolutions in ongoing procedures can be performed via email during the COVID-19 pandemic Free
White & Case (Mexico)
,
White & Case (Mexico)
,
White & Case (Mexico)
Effective as of April 23, 2020 , the Mexican Competition Commission (“COFECE”) issued emergency regulations providing that, during and as long as the coronavirus pandemic is considered a health emergency, the service of process of official communication and resolutions in ongoing (...)

The Spanish Competition Authority launches an online hotline for reporting anti-competitive practices and making competition law inquiries related to practices adopted due to the COVID-19 outbreak Free
Herbert Smith Freehills (Madrid)
,
Gold Abocados
,
Herbert Smith Freehills (Madrid)
The CNMC bolsters its online whistleblowing hotline to pursue anticompetitive conduct in any sector, although with a special interest in the medical equipment, funeral and cremation services sectors. An enquiries platform is also launched so that operators can make competition law enquiries to (...)

The Spanish Competition Authority makes available a special mailbox for complaints and queries related to the application of competition rules in the context of the health crisis created by COVID-19 Free
Bird & Bird (Madrid)
,
Ecija & Asociados (Madrid)
The Spanish Competition authority (the "CNMC") has made available a special mailbox for complaints and queries related to the application of competition rules in the context of the health crisis created by COVID-19. During these exceptional circumstances, this mailbox is intended to resolve (...)

The EU Commission and EU Member State Competition Authorities issue a joint statement on the application of competition law during the COVID-19 crisis in the context of the European Competition Network Free
Hogan Lovells (Brussels)
,
Hogan Lovells (Milan)
,
Hogan Lovells (Brussels)
Cooperation in the life sciences industry and EU competition law in the context of COVID-19 The life sciences industry is facing unprecedented demands due to COVID-19. From front line carers to researchers and scientists, significant efforts are being put towards caring for those suffering (...)

The Russian Supreme Court and the Council of Judges issue a joint resolution to address measures Russian State Courts must take to limit the spread of COVID-19 Free
Dechert (Moscow)
,
Dechert (Moscow)
On March 18, 2020, Russia’s Supreme Court and the Counsel of Judges issued Joint Resolution No. 808 to address measures Russian state courts must take to limit the spread of COVID-19 (the “Resolution”). The Resolution makes reference to the Federal Law on Sanitary and Epidemic Safety, the (...)

The Belgian Federal Government mitigates the negative effects of the COVID-19 crisis on Belgian companies and associations in light of the current lockdown measures Free
Van Bael & Bellis (London)
As is the case in many other European countries, the Belgian Federal Government is trying to further mitigate the negative effects of the Covid-19 crisis on Belgian companies and associations in light of the current confinement measures. Amongst other initiatives, it is preparing a draft act (...)

The Moldovan Competition Authority holds that Competition Act does not apply to the decision of the Parliament (Banca de Economii)
University of Macau - Faculty of Law (Macau)
On 16 May 2014, the Moldovan competition authority (CC) , completed an examination of the complaint submitted by six private banks concerning the decision of the Parliament to transfer the banking operations of all state institutions and state-owned undertakings to the state-owned bank Banca (...)

The EU Commission releases its 2012 Report on Competition Policy and illustrate that without an effective EU competition policy, the internal market cannot deliver its full economic potential
Court of First Instance of Namur (Namur)
On 28 May 2013, the European Commission released its annual Report on Competition Policy for 2012. The Commission relies on its Report to illustrate that without an effective European competition policy, the internal market cannot deliver its full economic potential. Private barriers to (...)

The Slovak Competition Authority holds that health insurance companies carrying on public health insurance are not subject to the Slovak Competition Act (Report on Health Insurance sector)
Braun (Bratislava)
On December 3, 2009 the Antimonopoly Office of the Slovak Republic (“Office”) released its report on general investigation with regard to a planned merger of two state-owned health insurance companies engaged in public health insurance. The Office found that providing for public health insurance (...)

The Bulgarian Competition Authority adopts guidelines on competition impact assessment
European Commission (Brussels)
Bulgaria: CPC adopts Guidelines on Competition Impact Assessment On 15 October 2009, the Bulgarian Commission on Protection of Competition (CPC) adopted Guidelines for the assessment of compliance of legislative and general administrative acts with competition rules. The document forms part of (...)

The Moldovan Competition Authority orders the administrations of the agricultural markets to accord priority to the individual producers of agricultural products (Agromarkets)
University of Macau - Faculty of Law (Macau)
On 30 July 2009 the Moldovan Competition Authority (ANPC) following an investigation of competitive conditions on the agricultural markets in the Moldovan capital of Chisinau ordered the administrations of these markets to accord priority to the individual producers of agricultural products. (...)

The Maltese Commission for Fair Trading confirms that the Transport Authority was not an undertaking, consequently its monopoly was not subject to the Competition Act (Carmel Mifsud)
King’s College (London)
,
Superior Courts of Malta (Valletta)
Competition law controls the anti-competitive agreements and the abusive behaviour of undertakings, but much anti-competitive behaviour is caused by the state. Complainants are often frustrated when they discover that the conduct of which they complain is attributable to the state acting in its (...)

The Maltese Commission for Fair Trading ruled for the first time on the basis of the 1994 Competition Act on the compatibility of the action of the Director of the NCA with notions of EC law and Maltese administrative law (Simonds Farsons Cisk)
King’s College (London)
The first judgment of the Commission concerned the price of beer. This case was brought under section 11 of the Competition Act, as originally drafted, under which power existed to regulate the price of ’essential’ products. This provision was not without controversy. In a competition-based (...)

Regulations

The EU Commission proposes the Digital Markets Act, opening the door to a separation of revenue generation from consumer content which could increase the contestability of zero-priced platforms
Technical University Munich
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 1. Introduction [1] The digital age has brought huge benefits to society, triggering huge social welfare gains, massive wealth creation and lots of innovation. (...)

The Romanian Government launches a draft law on the authorization of 5G technology manufacturers with the potential exclusion of certain foreign businesses based on national security grounds resulting in decreased competition in an already oligopolistic market
Maravela, Popescu & Asociatii (Bucharest)
1. Background The Ministry of Transportation, Infrastructure and Communications launched on August 4, 2020 a draft law on measures relating to information and communication infrastructures of national interest and the conditions for the implementation of 5G networks (the “Draft Law”). The Draft (...)

The Australian Competition Authority grants 17 interim authorizations to address immediate problems being faced by industry participants and to ensure public needs and benefits are retained during the COVID-19 pandemic Free
Bird & Bird (Sydney)
,
Bird & Bird (Sydney)
In recent weeks, the Australia Competition and Consumer Commission ("ACCC") has acted swiftly and granted 17 interim authorisations to address immediate problems being faced by industry participants and to ensure public needs and benefits are retained during the COVID-19 pandemic. (...)

The Australian Government publishes a regulation that prohibits several health-related goods from being exported from Australia during the COVID-19 pandemic Free
Bird & Bird (Sydney)
During the COVID-19 human biosecurity period, exportation of some health-related goods has been prohibited, with the intention to control supply in Australia. Regulation 13GI of the Customs (Prohibited Exports) Regulations prohibits a number of goods from being exported from Australia. These (...)

The Italian Government adopts a decree laying down additional measures to support companies negatively affected by the economic consequences of the COVID-19 outbreak Free
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
,
Hogan Lovells (Brussels)
On 6 April 2020, the Italian Government adopted a Law Decree (so-called “Decreto Liquidità”) laying down additional measures to support companies negatively affected by the economic consequences of the Covid-19 outbreak. These measures aim at alleviating the devastating effects of the outbreak on (...)

The US DoJ issues its first business review letter under the DoJ-FTC expedited COVID-19 competitor collaboration review procedures, blessing several medical supply companies to work together to produce and distribute protective equipment (McKesson / Owens & Minor / Cardinal Health / Medline Industries / Henry Schein) Free
White & Case (Washington)
,
White & Case (New York)
,
White & Case (Washington)
On April 4, 2020, the Antitrust Division of the Department of Justice issued its first Business Review Letter under the DOJ-FTC joint expedited COVID-19 competitor collaboration review procedures, blessing several medical supply companies to work together to produce and distribute personal (...)

The French Parliament adopts an emergency law establishing a health state of emergency to deal with the COVID-19 pandemic Free
Cleary Gottlieb Steen & Hamilton (Paris)
,
Cleary Gottlieb Steen & Hamilton (Paris)
On Monday March 23, 2020, the French Parliament adopted an emergency law establishing a “health state of emergency,” declared for a period of two months from March 24, 2020 to May 24, 2020 (Emergency Law No. 2020-290 of March 23, 2020 to deal with the Covid-19 epidemic) (the “Emergency Law”). This (...)

The US DoJ and State Attorney-General propose federal additions to the Price Gouging Framework following the COVID-19 pandemic Free
White & Case (New York)
,
White & Case (Washington)
,
White & Case (Washington)
Price gouging enforcement has largely been left to the States with their patchwork of varying laws—laws that have been invoked sporadically in crises. While the COVID-19 crisis has reportedly led to increased state enforcement, the federal government has taken a larger role, including Justice (...)

The EU and Canada sign the Comprehensive Economic and Trade Agreement (CETA) setting out provisions relating to competition policy
Davies Ward Phillips & Vineberg (Toronto)
,
Clifford Chance (London)
This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. What does CETA mean for EU and Canadian competition policy?* Introduction With the Comprehensive Economic and Trade Agreement (CETA) having finally been signed (...)

The Bulgarian Competition Authority proposes measures to enhance competition in hospital services market
European Commission (Brussels)
Bulgaria: The Commission on Protection of Competition proposes Measures to enhance Competition in Hospital Services Market* On 18 September 2013, the Bulgarian Commission on Protection of Competition (CPC) adopted an ex officio opinion on the compliance with the competition rules of the legal (...)

The Bulgarian Competition Authority adopts opinion on a proposal to amend the law regulating private bailiffs activities
European Commission (Brussels)
Bulgaria: Commission on Protection of Competition (CPC) adopts Opinion on a Proposal for an Amendment to the Law regulating the Activities of Private Bailiffs On 2 November 2010, the CPC adopted an opinion on a proposal by the Ministry of Justice to amend the Law on Private Bailiffs. The (...)

The Irish Competition Authority makes recommendations to improve competition amongst family doctors (Competition in Professional Services - General Medical Practitioners)
European Commission (Brussels)
Ireland: Competition Authority makes Recommendations to improve Competition amongst Family Doctors On 9 July 2010, the Irish Competition Authority published the final part of a three-part report into the delivery of primary medical care services in Ireland. It shows that the way in which the (...)

The UK Competition Authority publishes a working paper on mixed public/private markets and reforming public services
European Commission (Brussels)
United Kingdom: Mixed Public/Private Markets and Reforming Public Services On 7 July 2010, the Office of Fair Trading (OFT) published a working paper on how to ensure competitive neutrality in markets where state and private firms compete. The paper stressed the need for a level playing field, (...)

The West African Competition Authority finds that Senegal infringes the regional competition law by taking actions that foreclose its national market to competition from Ivory Coast raising issues related to the integration process in West Africa (Norme NS-072)
Munich Intellectual Property Law Center-MIPLC
1 Introduction and background on WAEMU This contribution reports on a case decided by the Competition Commission of the West African Economic and Monetary Union (WAEMU). The decision, Norme NS-72, raises issues at the cross-road of trade, regional integration and competition law. WAEMU is a (...)

The Chinese Anti-Monopoly Law Enforcer publishes new draft rules on administrative monopolies
Jones Day (Shanghai)
,
Gibson Dunn (Hong Kong)
,
Jones Day (Beijing)
On May 25, 2010, the State Administration of Industry and Commerce ("SAIC") published for public comment three sets of draft rules. These address (1) "monopoly agreements," that is, anticompetitive agreements, (2) abuses of dominant market position, and (3) "administrative monopolies," (...)

The UK Competition Authority publishes framework for applying choice and competition to public markets
European Commission (Brussels)
United Kingdom: The Office of Fair Trading (OFT) publishes Framework for Applying Choice and Competition to Public Markets On 19 March 2010, the OFT published a new guide for policy makers considering using choice and competition in the delivery of public services. The guide provides a (...)

The French Competition Authority recommends the government to further lift restrictions on laboratory services
European Commission (Brussels)
France: The Autorité de la concurrence recommends the Government to further lift Restrictions on Laboratory Services On 5 January 2010, the Autorité gave its opinion on a draft Government act (ordinance) on laboratory medicine services, which the French government was allowed by Parliament to (...)

The Nordic Competition Authorities publish a joint report on competition policy and financial crisis
European Commission (Brussels)
The Nordic Competition Authorities: Joint Report on the Financial Crisis - Regional Cooperation works: the Nordic Experience On 10 September 2009, the Nordic Competition Authorities published their joint report “Competition Policy and Financial Crisis - Lessons Learned and the Way Forward.” At (...)

The UK Competition Authority publishes a guide on competition as an essential consideration for successful government policy
European Commission (Brussels)
United Kingdom: Office of Fair Trading publishes a Guide on Competition as an Essential Consideration for Successful Government Policy On 8 September 2009, the OFT published a guide for national policy makers on how they can identify and minimize unintended long term impacts on competitive (...)

The Swiss Parliament is discussing a bill destined to reintroduce fixed book prices, once sanctioned by Swiss competition authorities for violating competition law
Public Sector Law (Zurich)
Historical Background On May 27, 2009, the National Council, one of the two chambers of the Swiss Parliament, voted in favour of the creation of a special act regulating the price of books (the Federal Act on Book Price Regulation, hereinafter the “Bill”). Although the second chamber, the States (...)

The Romanian Competition Authority opens public consultation on the preliminary report of the sector inquiry on the market for cereals used in the bakery industry (Raport privind investigaþia utilã pentru cunoaterea pieþei cerealelor de panificaþie)
University of Macau - Faculty of Law (Macau)
In September 2007 the Romanian Competition Authority (Consiliul Concurenţei) (CC) launched a sector inquiry on the market for cereals used in the bakery industry. The preliminary report was completed in February 2009 and released for public consultation in March. The CC invited interested (...)

The Chinese National People’s Congress adopts an anti-monopoly law implementing wide-ranging reforms across Chinese antitrust and merger controls
Jones Day (Shanghai)
,
Jones Day (Beijing)
,
Winston & Strawn (Washington)
China’s National People’s Congress (« NPC ») finally adopted a new Anti-Monopoly Law (« AML ») in August after more than 10 years of drafting. The law will take effect on August 1, 2008. I. Overview The new AML is a tremendous leap forward for China, bringing it squarely into the modern world of (...)

The Luxembourg Administrative Court avoids ruling on alleged anticompetitive price regulation in the taxi sector (Grand-ducal regulation of 9 July 2004)
Arendt & Medernach (Luxembourg)
,
NautaDutilh (Luxembourg)
Article 2-1 of the 2004 Luxembourg Competition Act (“loi du 17 mai 2004 relative à la concurrence”) introduced the principle that competition between undertakings determines prices. This provision accordingly abolished the general and significant price controlling powers of the Luxembourg State (...)

The OECD holds a roundtable on regulating market activities by the public sector
OECD - Competition Division (Paris)
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegate contributions and the background paper, a number of key points emerge: (1) There are many (...)

The OECD holds a roundtable on promoting competition in postal services
OECD - Competition Division (Paris)
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat In the light of the written submissions, the background note and the oral discussion, the following points emerge: (1) Postal services are one (...)

The OECD holds a roundtable on enhancing the role of competition in the regulation of banks
OECD - Competition Division (Paris)
In the light of the country submissions and the oral discussion, the following points emerge: (1) The last two decades have witnessed a significant change in banking regulation. On the one hand, there has been a substantial relaxation in certain regulations such as direct controls on interest (...)

Anticompetitive practices

The Indian Competition Authority finds the distribution arrangments of a supplier of mobile handsets to be prima facie compliant with national law (Vivo)
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
The CCI closed at prima facie stage a case against Vivo Mobile (Vivo), a supplier of mobile handsets, finding that its distribution arrangements raised no concerns under Section 3(4) of the Competition Act which prohibits vertical agreements with an appreciable adverse effect on competition (...)

The South African Competition Authority issues the terms of reference for the liquefied petroleum gas sector
Primerio (Johannesburg)
Second market inquiry focuses on energy sector (LPG)* “Highly regulated” liquefied petroleum gas at center of second sectoral Commission inquiry According to the South African Competition Commission, the agency has issued “Terms of Reference for the market inquiry into the Liquefied Petroleum (...)

The Hellenic Competition Commission issues formal opinion on regulatory-type restrictions concerning the distribution of cement in Greece
European Commission (Brussels)
Greece: The Hellenic Competition Commission issues Formal Opinion on Production, Testing, Certification and Marketing of Cement* On 11 November 2013, the Hellenic Competition Commission (HCC) issued Opinion No 32/VII/2013 on regulatory-type restrictions concerning the distribution of cement (...)

The Shanxi Province government adopts measures to curb the alleged continuous downward trend of coal prices
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Institute of American Studies (Beijing)
A series of measures related to the coal industry have been adopted in the Shanxi Province. The Joint Sales Implementation Plan for Coal Chemical Enterprises in South East Shanxi Province (Exposure Draft) (Plan) implements the Measures on the Further Improvement of the Development Mode of (...)

The Hungarian Competition Office stops a cartel investigation due to blocking legislation: can national law suppress a cartel investigation that affects inter-state trade? (Watermelon cartel)
Szeged University
Facts Various Hungarian supermarkets and agricultural organisations, under the auspices of the Hungarian Ministry for Rural Development, fixed the prices of watermelons and agreed not to market imported watermelons. Procedural history After the institution of the competition proceeding, the (...)

The Turkish Competition Authority announces some of the most common anti-competitive practices in the bread industry based on its experience and informs bread manufacturers about the competition rules that are to be complied with in the relevant market
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the announcement of the Turkish Competition Authority (TCA) in which it has informed bread manufacturers about the competition rules that are to be complied with in the industry and made it clear that some practices that are common among bread manufacturers across Turkey, (...)

The Italian Supreme Administrative Court rules that an award of a contract without prior publication of a notice for technical reasons is not allowed when the change of economic operator is “only difficult but not impossible” (Fastweb)
IUSE Istituto Universitario di Studi Europei
I. Introduction By judgement of 9 January 2013, the Consiglio di Stato (Italian Supreme Administrative Court, the “Court”), upholding the decision of a lower court (Administrative Tribunal of the Lazio Region, the “Lower Administrative Court”), ruled that the Ministry of Interiors was not entitled (...)

The Competition Authority of Bosnia and Herzegovina prosecutes the Government of the Federation of Bosnia and Herzegovina for favouring domestic companies on the market for pharmaceuticals reimbursed under the national health insurance system
University of Macau - Faculty of Law (Macau)
On 4 October 2012 the Competition Authority of Bosnia & Herzegovina (KV) qualified the actions of the Government of Federation of Bosnia and Herzegovina (the Government) that accorded preferential treatment to the domestically produced medicines under the national health insurance scheme as (...)

The Romanian Competition Council fines professional association for creating barriers to entry to the profession and for setting of execution expenses (National Union of Bailiffs)
Romanian Competition Council (Bucharest)
On 30.09.2012, The Competition Council has sanctioned the National Union of Bailiffs from Romania (hereinafter UNEJ) for the violation of Competition Law for the creation of barrier to entry to the profession by fixing an excessive and discriminatory fee and for setting of execution expenses (...)

The Turkish Competition Authority warns driving schools not to form cartels
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the press release of the Turkish Competition Authority (TCA) in which it has warned driving schools not to infringe Article 4 of the Act on the Protection of Competition 1994 (the Act) by fixing the prices and discount rates for driving courses, sharing markets and trainees, (...)

The Bosnian and Herzegovinian Competition Authority prosecutes local administration for restricting competition on the cable TV market (CATV SAT / Municipality of Bosanski Brod)
University of Macau - Faculty of Law (Macau)
On 7 August 2012 the Competition Authority of Bosnia & Herzegovina (KV) prosecuted a local administration and a provider of cable TV services for the implementation of an anti-competitive agreement that inhibited the local administration from granting construction permits to the potential (...)

The Competition Authority of Bosnia & Herzegovina addresses anti-competitive regulations in the regional market for medicines reimbursed under national health insurance system (Cantonal Government of Zenica-Doboj and the Cantonal Health Insurance Office of Zenica-Doboj)
University of Macau - Faculty of Law (Macau)
On 28 February 2012 the Competition Authority of Bosnia & Herzegovina (KV) established that the Cantonal Government of Zenica-Doboj (Ze-Do Government) and the Cantonal Health Insurance Office of Zenica-Doboj (Ze-Do Office) by adopting a series of sector-specific regulations have restricted (...)

The Italian Competition Authority fines four local associations for anticompetitive practices in the sector of services for thermic plants (Manutenzione impianti termici Comune di Potenza)
Cleary Gottlieb Steen & Hamilton (Rome)
,
Macchi di Cellere Gangemi (Rome)
On September 22nd, 2011 the Italian Competition Authority (hereinafter, ICA) fined four local associations of companies, artisans and cooperatives for concerted practices aimed at fixing the economic conditions for the control and maintenance of thermic plants in the City of Potenza. The (...)

The US District Court for the Eastern District of New York holds that Chinese law did not compel the defendants in a cartel case to reach agreements on price and output (In re Vitamin C Antitrust Litigation)
Sheppard Mullin (San Francisco)
,
Paul Hastings (Washington)
In a recent, strongly worded federal antitrust decision, pleas for international comity by China’s nationalized vitamin industry and its regulatory overseer, China’s foremost trade industry, fell short in a showdown with U.S. domestic antitrust laws. The case indicates that foreign compulsion (...)

The Competition Authority of Bosnia & Herzegovina addresses anti-competitive regulations on the taxi market of one of the cantons (Ministry of Transport of the Sarajevo Canton and Assembly of the Sarajevo Canton)
University of Macau - Faculty of Law (Macau)
On 14 June 2011 the Competition Authority of Bosnia & Herzegovina (KV) established that the Assembly of Sarajevo canton and the Ministry of Transport of Sarajevo canton by adopting a series of sector-specific regulations have restricted competition on the market for taxi services on the (...)

The Romanian Competition Council fines for client sharing agreements 14 administrators of mandatory pensions funds, applying for the first time both Art. 101(1) TFUE and national mirror provision (Pension Funds administrators case)
Peli Filip (Bucharest)
,
Peli Filip (Bucharest)
On 16 September 2010 the Romanian Competition Council (the “Council”) published Decision n° 39/07.09.2010 sanctioning almost all the players in the Romanian market for private administration of mandatory pensions funds (14 out of 18 players active on the market) for a client sharing cartel (the (...)

The Bulgarian Competition Authority finalises sector inquiry into voluntary health insurance
European Commission (Brussels)
Bulgaria: The Commission on the Protection of Competition (CPC) finalises Sector Inquiry into Voluntary Health Insurance On 17 December 2009, the CPC adopted a Decision on a Sector Inquiry into the competitive environment on the national market of voluntary health insurance. The report covers (...)

The Spanish competition authority imposes the highest fine ever on several insurance companies (Insurance Cartel)
European Commission (Brussels)
,
Garrigues (Brussels)
On 12 November 2009, the Spanish competition authority (Comisión Nacional de la Competencia, hereinafter the "CNC") imposed a total fine of €121 million on three Spanish insurance companies (Asefa, Mapfre and Caser) and some of the leading global reinsurers, (Munich Re, Swiss Re and Scor) for a (...)

The Competition Authority of Bosnia & Herzegovina prosecutes anticompetitive agreements from the regional health insurance office (Novo Nordisk / Health Insurance Office of the Sarajevo Canton)
University of Macau - Faculty of Law (Macau)
Summary The Competition Authority of Bosnia & Herzegovina qualified the actions of the Health Insurance Office of the Sarajevo Canton, which excluded the pharmaceutical products of Novo Nordisk from the list of approved medicines sold to the insured under the national health insurance (...)

The Spanish Supreme Court firmly protects price competition in the liberal professions and gives a controversial view on the interaction between EC and national competition Law (Ricardo)
European Commission (Brussels)
,
Garrigues (Brussels)
Introduction On 4 November 2008, the Spanish Tribunal Supremo (Supreme Court) handed down a landmark ruling in case 5837/2005, Ricardo v. Consejo General de la Abogacía. This case looks set to be a cornerstone of Spanish competition law for years to come. The judgment was delivered by the (...)

The Bosnian & Herzegovinan Competition Authority prosecutes regional Government for intervening with competitive process on the market for pharmaceuticals reimbursed under the national health insurance scheme (Association of Foreign Pharmaceutical Producers in Bosnia & Herzegovina / Cantonal Government Sarajevo)
University of Macau - Faculty of Law (Macau)
Summary Competition Authority of Bosnia & Herzegovina qualified the actions of the Sarajevo cantonal government that provided preferential treatment to the domestically produced medicines under the national health insurance scheme as anticompetitive practice and ordered it to modify its (...)

The Spanish Competition Authority issues a report on the fixing of minimum rates for road cargo transportation
Pontificia Comillas University - ICADE
On 17 June 2008, the Spanish Competition Authority (Comisión Nacional de la Competencia, hereinafter CNC) issued, at the request of the Ministry of Public Works and Infrastructure, a report on the fixing of minimum rates for road cargo transportation and its effect on competition under both (...)

The Hungarian Competition Office fines a cartel in the agricultural sector in spite of intensive involvement of the State (Egg Cartel)
DLA Piper (Budapest)
,
DLA Piper (Budapest)
The HCO initiated proceedings against the Hungarian Association of Egg Producers (HAEP) and some of its members in 2005 in order to verify whether the HAEP and its members breached the cartel prohibition contained in Article 11 of the Hungarian Competition Act (HCA) and Article 81 of the EC (...)

The Hungarian Competition Office finds certain advertising restrictions on lawyers contrary to Art. 81 EC and its national equivalent (Hungarian Bar Association)
DLA Piper (Budapest)
,
DLA Piper (Budapest)
The Hungarian Competition Office (HCO) initiated proceedings against the Hungarian Bar Association (HBA) in order to verify whether certain rules of the HBA regulating advertising by attorneys as well as the content of webpages of attorneys infringe Article 81 of the EC Treaty and Article 11 of (...)

The French Council of State holds that the auditors code of Ethics does not impose or support the conclusion of agreements contrary to Art. 81 EC (KPMG)
European Court of Justice (Luxembourg)
Four big multi-fields networks, usually called the “big four” (KPMG, Ernst & Young Audit, Deloitte and Pricewaterhousecoopers Audit) and another accounting firm (the Grant Thornton company), submitted to the Council of State’s High Assembly, the question of the lawfulness of a decree of (...)

The Polish NCA restates that professional bodies must comply with competition law provisions notwithstanding the existence of potential alternative legal basis (Poznan Chemists’ Chamber)
European Commission - DG COMP (Brussels)
The decision at hand, rendered on December 15, 2005 recalls previous decisions issued by the President of the Office of Competition and Consumer Protection (hereafter “OCCP President”) (See J. Faruga and V. Metonidze, The Polish Competition Court upholds the decision of the competition authority (...)

The French Competition Authority condemns an agricultural economic committee for preventing access to the market and rejects the State’s action doctrine argument (Brittany cauliflowers)
Paris Bar
,
The French Competition Council condemned on the 15 March 2005 the agricultural economic committee of fruit and vegetables of Brittany (CERAFEL) and several producers’ organizations for maintaining cartels in the wholesale marketing of Brittany cauliflowers. In the light of the recently enforced (...)

The Irish Competition Authority makes 47 recommendations to boost competition in the non-life insurance sector
London School of Economics (London)
The Irish National Competition Authority (hereinafter “NCA”) has issued its report and recommendations on enhancing competition in the non-life insurance sector. The recommendations aim to reduce the cost of switching insurer and/or intermediary and to tackle structural and legal barriers to (...)

The Spanish Provincial Court of Madrid refuses to qualify a contract as a resale agreement and holds that the qualification given by “administrative bodies” to similar agreements is not binding upon national courts (Melón / Repsol)
London School of Economics (London)
Repsol Comercial de productos petrolíferos S.A. (hereinafter, “Repsol”), supplied oil products to Melón S.A. (hereinafter, “Melón”), pursuant to an agency agreement signed between the parties. Considering that it was not a “genuine” agency agreement and that Commission Regulation (EC) n° 2790/1999, of (...)

The German Federal Court of Justice holds that a municipality that subsidises certain trips with taxis or rental cars with an allowance does not infringe the vertical price fixing prohibition when entering into a framework contract with the service provider according to which the provider agrees to transport guests at a certain rate (Jugendnachtfahrten)
Linklaters (Düsseldorf)
Description of the impugned case The BGH holds that the obligation of the service provider to forward orders at fixed conditions does not constitute an infringement of the prohibition to fix prices for agreements with a third party as in the taxi drivers are under no obligation to provide (...)

The Italian Competition Authority declares the incompatibility of a national regulation with EC competition law when requiring or facilitating the market sharing within a consortium of manufacturers of matches (Consorzio Industrie Fiammiferi)
Ashurst (Brussels)
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Legance - Studio Legale Associato (Rome)
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Legance - Studio Legale Associato (Rome)
Background With decision n. 8491 of 13 July 2000, the Autorità Garante della Concorrenza e del Mercato (Italian Competition Authority, hereinafter “Authority”) found the existence of a market sharing arrangement carried out within the Consorzio Industrie Fiammiferi (the consortium of the Italian (...)

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